PTY Auctions > Resource Central

PTY AUCTIONS - TERM OF USE

This document sets out the terms which you (the user) agree to if you use the PTY Auctions Web Site.

The PTY Auctions Web Site is comprised of various Web pages operated by PTY Auctions.

If you use the PTY Auctions Website, you will be taken to have read and to have agreed to be bound by the documents listed below:

(a)	these Terms of Use;
(b)	Bidding Documents and
(c)	Privacy Statement.
	(“Terms”);

PTY Auctions may change these Terms from time to time, including but not limited to the charges associated with the use of the PTY Auctions Web Site. PTY Auctions may make improvements and/or changes in the PTY Auctions Web Site from time to time.

PTY Auctions may disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PTY Auctions' sole discretion.

Access and Termination

5.1

It is a condition of your use of the PTY Auctions Web Site that you must not use the PTY Auctions Web Site for any purpose that is unlawful or prohibited by these Terms.

5.2

You must not use the PTY Auctions Web Site in any manner which could damage, disable, overburden, or impair the PTY Auctions Web Site or interfere with any other party's use and enjoyment of the PTY Auctions Web Site. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PTY Auctions Web Site.

5.3

PTY Auctions reserves the right, in its sole discretion, to terminate your access to the PTY Auctions Web Site and the related services or any portion thereof at any time, without notice.

Using the Communication Services

6.1

“Communication Services” means any part of the PTY Auctions Web Site, which may include bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group.

6.2

You must use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

6.3

You must adhere to any limitations on usage, reproduction and/or dissemination which may attach to material uploaded to a Communication Service.

6.4

PTY Auctions has the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PTY Auctions has no obligation to monitor the Communication Services.

6.5

PTY Auctions may terminate your access to any or all of the Communication Services at any time without notice for any reason, including but not limited to a breach of Clause 6.6 committed by you.

6.6

By way of example, and not by way of limitation, you must not:

(a)	defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b)	publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c)	upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
(d)	upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(e)	advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages;
(f)	conduct or forward surveys, contests, pyramid schemes or chain letters;
(g)	download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner;
(h)	falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(i)	restrict or inhibit any other user from using and enjoying the communication services;
(j)	violate any code of conduct or other guidelines which may be applicable for any particular communication service;
(k)	harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
(l)	violate any applicable laws or regulations.

6.7

PTY Auctions is not liable with respect to the Communication Services or any actions resulting from your participation in any Communication Service. You should always use caution when giving out any personally identifying information about yourself in any Communication Service.

Your Information

7.1

“Your Information” means all materials which you provide, post, upload, input or submit to the PTY Auctions Web Site or its associated services.

7.2

By posting, uploading, inputting, providing or submitting Your Information, you warrant and represent that you own or otherwise control all of the rights to Your Information as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your Information.

7.3

PTY Auctions does not claim ownership of Your Information. However, by submitting Your Information, you grant PTY Auctions, its affiliated companies and necessary sub-licensees permission to use Your Information in connection with the operation of their Internet businesses including, but not limited to, the rights to:

(a)	copy;
(b)	distribute;
(c)	transmit;
(d)	publicly display;
(e)	publicly perform;
(f)	reproduce;
(g)	edit;
(h)	translate; and
(i)	reformat

Your Information; and to publish your name in connection with Your Information.

7.4

No compensation will be paid with respect to the use of Your Information, as provided herein.

7.5

PTY Auctions may remove Your Information at any time in its sole discretion, and is under no obligation to post or use Your Information which you may provide.

Content of PTY Auctions Web Site

8.1

PTY Auctions does not control or endorse the content, messages or information found in any Communication Service. Managers and hosts are not authorised PTY Auctions spokespersons, nor do their views necessarily reflect those of PTY Auctions.

8.2

The information, software, products, and services included in or available through the PTY Auctions Web Site may include inaccuracies or typographical errors.

8.3

The PTY Auctions Web Site may contain links to other web sites ("Linked Sites"). PTY Auctions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PTY Auctions of the site or any association with its operators.

8.4

The Linked Sites are not under the control of PTY Auctions and PTY Auctions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

8.5

PTY Auctions is not responsible for webcasting or any other form of transmission received from any Linked Site.

Limit of Liability

9.1

PTY Auctions and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the PTY Auctions Web Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind.

9.2

PTY Auctions and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

9.3

To the maximum extent permitted by applicable law, in no event shall PTY Auctions and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation; damages arising out of or in any way connected with:

(a)	the use or performance of the PTY Auctions web site;
(b)	loss of data or profits;
(c)	delay or inability to use the PTY Auctions Web Site or related services;
(d)	the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the PTY Auctions Web Site; or
(e)	otherwise arising out of the use of the PTY Auctions Web Site, whether based on contract, tort, negligence, strict liability or otherwise, even if PTY Auctions or any of its suppliers has been advised of the possibility of damages.

9.4

If you are dissatisfied with any portion of the PTY Auctions Web Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the PTY Auctions Web Site.

9.5

Advice received via the PTY Auctions Web Site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Indemnity

Legal Compliance

No Agency

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PTY Auctions as a result of your use of the PTY Auctions Web Site.

Copyright and Trademark Notices

13.1

All contents of the PTY Auctions Web Site are the copyright of PTY Auctions Pty. Ltd. and/or its suppliers.

13.2

The names of actual companies and products mentioned on the PTY Auctions Website may be the trademarks of their respective owners.

13.3

Notifications of claimed copyright infringement should be sent to support@ptyauctions.com.

General

14.1

To the maximum extent permitted by law, this agreement is governed by the laws of the New South Wales, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in NSW in all disputes arising out of or relating to the use of the PTY Auctions Web Site.

14.2

Use of the PTY Auctions Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

14.3

PTY Auctions' performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of PTY Auctions' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the PTY Auctions Web Site or information provided to or gathered by PTY Auctions with respect to such use.

14.4

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

14.5

Unless otherwise specified herein, these Terms constitutes the entire agreement between the user and PTY Auctions with respect to the PTY Auctions Web Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PTY Auctions with respect to the PTY Auctions Web Site.

14.6

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.